USCFC General Jurisdiction-Reported

U.S. Court of Federal Claims Opinions
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15-103 • LAKE BORGNE BASIN LEVEE DISTRICT v. USA

Filed 03/15/2016
REPORTED OPINION (RE-DOCKETED FOR ADMINISTRATIVE PURPOSES). Signed by Judge Marian Blank Horn.

Keywords: re: Motion to Dismiss; Statute of Limitations; 28 U.S.C. § 2501; Breach of Contract; Attorney's Fees; Indemnity Contract; State Court Proceedings.

15-518 • ST. BERNARD PARISH GOVERNMENT et al v. USA

Filed 03/15/2016
REPORTED OPINION (RE-DOCKETED FOR ADMINISTRATIVE PURPOSES). Signed by Judge Marian Blank Horn.

Keywords: re: Motion to Dismiss; Statute of Limitations; 28 U.S.C. § 2501; Breach of Contract; Attorney's Fees; Indemnity Contract; State Court Proceedings.

15-1397 • DYNCORP INTERNATIONAL, LLC v. USA

Filed 03/15/2016
REPORTED OPINION. The Clerk of Court shall enter judgment in favor of Defendant. Signed by Judge Thomas C. Wheeler.

Keywords: re: Pre-award Bid Protest; Failure to Protect Proprietary Information; Waiver; Reasonableness of Agency's Remedial Action; Judgment on the Administrative Record.

13-1023 • MW BUILDERS, INC. v. USA

Filed 03/15/2016
REPORTED ORDER granting Motion to Amend Pleadings - Rule 15(a). Signed by Judge Susan G. Braden.

Keywords: re: Rule 15(a) of the Rules of the United States Court of Federal Claims, Motion To Amend

14-204 • HAVRILA et al v. USA

Filed 03/14/2016
REPORTED OPINION on MOTION for Partial Summary Judgment filed by JOHN G. HAVRILLA, ROBERT L. TRICE, PEERAWUT KAMLANGEK, ERROLL J. HOOKER, JONSON M. TUWELA-GIBBS granting in part and denying in part [20] Motion for Partial Summary Judgment. Signed by Judge Elaine D. Kaplan.

Keywords: re: Order on Motion for Partial Summary Judgment; Reported Opinion; Fair Labor Standards Act; 29 U.S.C. § 207(a); Meal Breaks; Predominant Benefit Analysis; De Minimis Interruptions

15-1279 • ALGESE 2 v. USA

Filed 03/14/2016
REPORTED OPINION. The Clerk of Court shall enter judgment in favor of Plaintiff. Signed by Judge Thomas C. Wheeler.

Keywords: re: Post-award Bid Protest; Offerors Failure to Inform Navy of Parent Corporations Corruption and Fraud in Multiple Government Procurements; Effect of Material Misrepresentations and False Certifications in Proposal; Permanent Injunctive Relief.

15-666 • GOVERNMENT SERVICES CORP. v. USA

Filed 03/11/2016
REPORTED OPINION denying Motion to Strike [16] MOTION to Strike [15] Answer to Amended Complaint, Counterclaim,, . Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Strike, Reported Opinion, Fed. R. Civ. P. 13(f), Rule 12(b)(6) of the Rules of the United States Court of Federal Claims ("RCFC"), RCFC 13(a), RCFC 15(a)(3).

12-85 • ADVANCED AEROSPACE TECHNOLOGIES, INC., v. USA

Filed 03/11/2016
REPORTED OPINION denying Motion to Amend Pleadings - Rule 15(b); granting in part and denying in part [113] Motion to Compel. Signed by Judge Susan G. Braden.

Keywords: re: Order on Motion to Amend Pleadings - Rule 15(b), Order on Motion to Compel, Reported Opinion, Attorney-Client Privilege, Discovery.

14-221 • HOCHSTETLER et al v. USA

Filed 03/11/2016
REPORTED OPINION denying Motion for Partial Summary Judgment; granting [27] Cross Motion The Clerk is directed to enter judgment. Signed by Senior Judge Eric G. Bruggink. (bz1) Copy to parties.

Keywords: re: National Trails System Act; 16 U.S.C. §§ 1241-1251; Fifth Amendment Takings Clause; Centerline presumption; language of deed

15-1403 • PHOENIX MANAGEMENT, INC. v. USA

Filed 03/11/2016
REPORTED OPINION reissuing Opinion and Order for public availability. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Bid Protest; Motion to Supplement the Administrative Record; Motion to Dismiss; Waiver; Blue & Gold Fleet; COMINT Systems; Effect of Postaward Corrective Action in Which Competition Was Reopened but Solicitation Not Amended

14-1236 • JOHNSON v. USA

Filed 03/10/2016
REPORTED OPINION granting Motion for Judgment on the Administrative Record; denying [19] Cross Motion. The Clerk is directed to enter judgment. No costs. Signed by Judge Lynn J. Bush.

Keywords: re: Disability Retirement Benefits; 10 U.S.C. § 1201 (2012); No Error in Decision of Military Records Correction Board.

15-1495 • PRECISION ASSET MANAGEMENT CORP. v. USA

Filed 03/08/2016
REDACTED REPORTED OPINION (Originally filed as a sealed opinion on February 26, 2016. Signed by Senior Judge James F. Merow.

Keywords: re: Reported Opinion - Post-Award Bid Protest; Subject Matter Jurisdiction; Standing; Economic Interest; Substantial Chance.

15-1290 • INNOVATIVE TEST ASSET SOLUTIONS LLC v. USA

Filed 03/07/2016
REPORTED OPINION AND ORDER, reflecting redactions from the opinion and order previously entered under seal on February 26, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Reported Opinion: Post-award bid protest; agency's reevaluation as part of GAO's recommended corrective action; implied duty to fairly and honestly consider protestor's proposal during reevaluation; technical risk factors; cost-price considerations, including price realism; past performance.

15-714 • WOLENS v. USA

Filed 03/04/2016
REPORTED OPINION denying Motion to Dismiss - Rule 12(b)(6) and denying [17] Motion for Summary Judgment. For the reasons stated, the government's motion to dismiss under RCFC 12(b)(6) is DENIED. Plaintiff's motion for summary judgment under RCFC 56(a) is also DENIED. The government is requested to file its answer to plaintiffs complaint by March 25, 2016. Signed by Judge Charles F. Lettow.

Keywords: re: Order on Motion to Dismiss - Rule 12(b)(6), Reported Opinion: Tax case; payments to former spouse pursuant to English divorce decree; statutory test for alimony; I.R.C. § 71(b)(1); IRS's inconsistent position in tax case involving former spouse pending before the Tax Court.

15-1244 • CHE CONSULTING, INC. v. USA

Filed 03/02/2016
REPORTED OPINION reissuing OPINION and ORDER for publication. Signed by Judge Margaret M. Sweeney. (kb1)

Keywords: re: Reported Opinion - Bid Protest; FSS Contract; Department of Defense; Defense Logistics Agency; Consolidation of Procurement for Hardware and Software Maintenance Services; Motion to Dismiss; Standing; Cross-Motions for Judgment on the Administrative Record; Motion for Leave to Conduct Discovery and to Supplement the Administrative Record; Motion to Strike

15-1015 • AVKARE, INC v. USA

Filed 03/01/2016
Reissuance of Opinion and Order Filed Under Seal 2/25/16. Signed by Judge Elaine D. Kaplan.

Keywords: re: Motion to Stay Judgment Pending Appeal; RCFC 62(c); Injunction

13-478 • 8x8, INC. v. USA

Filed 02/29/2016
REPORTED OPINION denying Motion for Summary Judgment; granting [40] Cross Motion for Summary Judgment. The Clerk is directed to enter judgment. Signed by Judge Elaine D. Kaplan. (bl) Copy to parties. (Main Document 49 replaced on 2/29/2016 to correct spelling of counsel's name.)

Keywords: re: Summary Judgment; Tax Refund; I.R.C. § 6415; Federal Communications Excise Tax; I.R.C. § 4251; Prepaid Telephone Card; Treas. Reg. § 49.4251-4; I.R.S. Notice 2006-50

15-123 • STANFORD v. USA

Filed 02/29/2016
REPORTED OPINION finding as moot Motion to Intervene; finding as moot [5] Motion to Intervene; granting [11] Motion to Dismiss The Clerk is directed to enter judgment. Signed by Judge Susan G. Braden.

Keywords: re:28 U.S.C. § 1491 (Tucker Act Jurisdiction); Rule 12(b)(1) of the Rules of the United States Court of Federal Claims (Motion to Dismiss).

12-209 • HOUSING AUTHORITY OF THE COUNTY OF SANTA CLARA et al v. USA

Filed 02/25/2016
REPORTED ORDER granting Motion for Summary Judgment; ( Status Report due by 4/25/2016). Signed by Judge Susan G. Braden. (Attachments: # (1) Exhibit - Court Exhibits A, B, and C)

Keywords: re:28 U.S.C. § 1491(b)(1)(Tucker Act Jurisdiction);42 U.S.C. § 1437f (Section 8);Consolidated Appropriations Act, 2008, Pub. L. No. 110-161, 121 Stat. 1844, 24102440 (2007); Omnibus Appropriations Act, 2009, Pub. L. No. 111-8, 123 Stat. 524, 952958 (2009); Omnibus Consolidation Rescissions & Appropriations Act of 1996, Pub. L. No. 104-134, 110 Stat. 1321 (1996); RESTATEMENT (SECOND) OF CONTRACTS §§ 23 cmt. b, 153(b), 154, 178, 204, 214 cmt. d (1981); Rules of the United States Court of Federal Claims (RCFC) RCFC 56(c) (Summary Judgment).

15-1586 • ALLEN v. USA

Filed 02/25/2016
ORDER dismissing the complaint. The Clerk is directed to enter judgment. Signed by Judge Marian Blank Horn.

Keywords: re: Opinion Pro Se Plaintiff; In Forma Pauperis Application; request for Appointment of Counsel; Lack of Subject Matter Jurisdiction

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